"This is filed from the defendant's brief. Briefs are meant to be persuasive documents. This was made in response to a motion for summary judgment from Manning (basically he was claiming "there's no genuine dispute of material fact here, therefore the case should be dismissed").
I just wrote a brief supporting a motion for summary judgment this week. You specifically pick out all of the facts in the record (depositions, affidavits, etc.) and pretty much omit all that contradict yours, to the extent that's possible. The party briefs' facts on a motion for summary judgment should look very one sided. You're trying to show there's no genuine dispute as to material fact if you're moving for summary judgment, while the other party says, "But look! There's a huge discrepancy here!"
For example, say you have a fraud case. You (Plaintiff) are trying to prove that Evil Corp. intentionally sold you a fake ring, represented as a diamond ring, or that they recklessly misrepresented the ring as a diamond ring.
Plaintiff points to hearsay statements (which could be admissible, depending on certain exceptions) from people who say that the guy who certified Evil Corp's diamond rings was a drunk, and regularly was drunk on the job, therefore Evil Corp at least recklessly should have known their rings would be misrepresented as diamond rings.
But, Evil Corp's jeweler also has a graduate degree in gemology, and the company's records show no history of actual complaints/reports about him.
CEO of Evil Corp gets deposed. He's asked about the jeweler's drinking history. He says, "I've known the jeweler a long time. He's worked here for years. He never drank on the job, graduate degree, made us lots of money, great at his job, no history of complaints from customers or employees."
Plaintiff's facts will point to the hearsay, say why it's admissible, and paint the jeweler and Evil Corp as lazy, with the CEO sticking up for his good friend/trying to hide the ball. Evil Corp's facts will say the hearsay is inadmissible, say their records have no history of complaints against the jeweler, he was great at his job, and is a certified/graduate degree gem guy.
TLDR - That's what briefs do. Not saying anyone should disregard this brief, just that you should understand how briefs are made, especially at a motion for summary judgment stage. One side is trying to create a dispute, the other side is saying none exists. The representation of the facts will reflect that."
